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THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
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No.
45/2007/QD-NHNN
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Hanoi,
December 17, 2007
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DECISION
ON
THE CONFIDENTIALITY OF EACH TYPE OF DOCUMENT, MATERIALS CONTAINING STATE SECRET
IN BANKING AREA
THE GOVERNOR OF THE STATE
BANK OF VIETNAM
- Pursuant to the Law on the
State Bank of Vietnam issued in 1997, and the Law on the amendment, supplement
of several articles of the Law on the State Bank of Vietnam issued in 2003;
- Pursuant to the Law on Credit Institutions issued in 1997 and the Law on the
amendment, supplement of several articles of the Law on Credit Institutions
issued in 2004;
- Pursuant to the Ordinance No. 30/2000/PL-UBTVQH10 dated 28/12/2000 of the
National Assemblys Standing Committee on preservation of State secret;
- Pursuant to the Decree No. 52/2003/ND-CP dated 19/5/2003 of the Government on
the functions, assignments, authorities and organizational structure of the
State Bank of Vietnam;
- Pursuant to the Decree No. 33/2002/ND-CP of the Government providing in
details for the implementation of the Ordinance on preservation of State
secret;
- Pursuant to the Decision No. 15/2003/QD-TTg dated 20/01/2003 of the Prime
Minister on the list of State secret at Strictly Confidential level and Top
Secret level in Banking industry;
- Pursuant to the Decision No. 151/2003/QD-BCA (A11) dated 11/3/2003 of the
Minister of Public Security on the list of State secret at Confidential level
in Banking industry;
Upon the proposal of the Director of Administrative Department,
DECIDES:
Article 1. Subjects and
scope of governing:
This Decision provides for the
confidentiality of each type of document, material containing State secrets in
Banking industry drafted, issued, designed, built up, received and processed by
units of the State Bank, the National Money Printing Factory, credit
institutions, payment service suppliers and other organizations engaging in
banking area.
Article 2. Principles of
determining the confidential level in some cases:
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2. For documents, materials
containing State secrets which have not been disclosed yet, unit in charge of
determining confidential level must clearly state the line: undisclosed yet on
such documents, materials containing State secrets.
Article 3. Documents,
materials containing State secrets in Banking area classified as Strictly
Confidential include:
1. Projects and plans on issuing
cash, which have not yet been disclosed, into circulation.
2. Annual plans and
implementation of money issuance and supply.
3. Currency-conversion schemes
and plans as well as currency collection and exchange results, which have not
yet been disclosed.
4. Schemes, projects and plans on
designing and making new currency specimens.
5. Approved model designs,
original printing plates (original engraved plates, original films),
experimentally printed specimens, experimentally minted specimens, technical
parameters, safety lock of each money specimen and valuable papers like money;
6. Undisclosed documents of
anti-counterfeit elements, technical parameters of Vietnamese currency,
valuable papers like money.
Article 4. Documents,
materials containing State secrets in Banking area classified as Top secret
include:
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2. Plans on transferring money,
schedule, telegraph on the transport of money, precious assets and valuable
papers (date, time of starting, place of departure, destination, route, type of
vehicles, quantity, value, type of asset);
3. Fund books, accounting books
about Reserve Fund for issuance;
4. Statements of Central money
warehouse;
5. Statistic report, inventory
minutes and report of the Reserve Fund for issuance of Central money
warehouses, State Bank branches in provinces, cities;
6. Documents on over-collecting
and overspending of cash, which have not yet been disclosed;
7. Documents on quantity and
place of the State foreign exchange reserves, rare and precious metals,
precious stones and other rare and precious objects of the State, which are
managed and preserved by the State Bank of Vietnam;
8. Documents on the standard,
limit, rate of State foreign exchange reserve structure;
9. Report on the balance of foreign
currency deposit on the account of the State Bank opened at oversea partners;
10. Detailed report on the
oversea investments of the State Bank by form, period, partner and sector of
investment;
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12. Report on the assessment of
the investment entrust activity of the State Banks Operation Department
13. Report on ratings of foreign
partners of the State Banks Operation Department with data of the investment
limit of State foreign exchange reserves in respect of each partner;
14. Report on the result of
supervising the management of the State foreign exchange reserves at the
Operation Department; the inspection minutes of the General Control Department
at the State Banks Operation Department;
15. Projects, plans on placing
the credit institution into special supervision, control;
16. Projects, plans on the
integration, merger, dissolution, acquisition, reorganization of credit
institutions, which have not been yet disclosed.
17. Documents on the design of
money-printing factory, coin-minting factory and money warehouse;
18. Technological process of
printing, minting money and valuable papers like money;
19. Formulas for making up
money-printing inks;
20. Documents on granting
alphabetical series for money printing and minting;
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22. Documents on algorithms and
computer software for creating electronic signature and security password,
secret code, algorithms for encoding data;
23. Security password for
creating electronic signature, secret lock for creating digital signature in
the systems of information technology application, communication of Banking
industry;
24. Projects for negotiation
preparation and results of negotiation of treaties and agreements on currencies
and banking activities signed between Vietnam and foreign partners, which have
not yet been disclosed;
25. The detailed currency
balance sheet of the State Bank;
26. The summary currency balance
sheet of the State Bank.
Article 5. Documents,
materials containing State secrets classified as Secret in Banking industry
include:
1. Development strategy of
banking industry and solutions for implementation, which have not been yet
disclosed;
2. Documents on guidelines,
plans, solutions for managing monetary policies of the State Bank, which have
not been yet disclosed;
3. Report on the transaction
performance in the inter-bank foreign currency market;
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5. Statement of accounts,
balance sheet, report on the income, expense plan and notes to financial
statements of the State Bank, which have not been disclosed;
6. Documents, vouchers on the
delivery, receipt of types of money of the National money printing factory,
Central money warehouse, Operation Department of the State Bank, State Bank
branches in provinces, cities and credit institutions;
7. Order of transferring money,
precious assets and valuable papers;
8. Documents, vouchers on the destroyed
money;
9. Regulations on the signs of
money types and valuable papers like money;
10. Documents, files, plans,
designs and installation of equipment, technical facilities system to protect
security of money warehouse, money printing factory, coin minting factory;
11. Passwords of money warehouse
door and money safe;
12. Report on the result of
supervising the money printing activity at the National money printing factory;
13. Report on the result of
performing the task of asset security supervision at Central money warehouses;
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15. Documents relating to
deposits and other assets of each customer at the credit institutions;
16. Detailed documents relating
to deposits, other assets of each credit institution at the State Bank;
17. Password, secret sign used
in banking operational telegraph; password of data transmission;
18. Signature sample of account
holder, signature sample used in the payment activity;
19. Secret signs used in payment
and money remittance of payment service suppliers (excluding payment by
electronic money remittance);
20. Code stipulated to the
customer for identifying personal card of the user of payment card, credit card
and other types of card used in banking activity;
21. Password for accessing to
the computer network, database system; password for using banking application
programs;
22. Undisclosed documents on the
inspection, supervision, verification for dealing with complaint, denunciation,
preventing from, combating against embezzlement and preventing from, combating
against money laundering, including:
a. Annual plan, program of
assignment of the Banking Inspectorate;
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c. Periodical report on the
inspection activity;
d. Report on the special subject
of the verification, dealing with complaint, denunciation, preventing from,
combating against embezzlement and preventing from, combating against money
laundering;
e. Documents on cases, contents
which are still in the inspection, examination process; minutes, conclusion of
the inspection activity, report on the result of inspection, examination;
23. Annual rating results for
credit institutions, which have not been yet disclosed.
24. Documents, files relating to
transactions reported by the individuals, organizations to the Center of
Preventing from, combating against money laundering in accordance with
provisions on preventing from, combating against money laundering;
25. Documents on the cases in
the progress of auditing, control, which have not been yet disclosed; minutes,
conclusion on the audit, control, report on the result of the audit, control,
which have not been yet disclosed; the written guidelines in the audit, control
activity, which have not been yet disclosed;
26. Report on the operation
performance, examination result in terms of organization and operation of
credit institutions and other organizations engaging in banking activity, which
have not been yet disclosed;
27. Documents on the writer of
denunciation letter; complaint letter being under investigation, verification
and settlement, which have not been yet disclosed; documents, materials
containing information relating to the verification, settlement of complaint,
denunciation which have not been yet disclosed;
28. Documents on the programming
of officers which are under the management of the Party Civil Affairs Committee
and the Governor of the State Bank, including: documents on the officers
relatives, trust survey at Conferences of introducing sources of programmed
officers; minutes of the Inter-ministerial conference between leader of the
units and leaders of the Party, unions; remark, assessment of executive
committee of Party.
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Article 7. Director of Administrative
Department, Head of units of the State Bank, Director of the National Money
Printing Factory, Chairman of the Board of Directors, General Director
(Director) of credit institutions, payment service suppliers, other
organizations engaging in banking activity shall be responsible for the
implementation of this Decision.
THE
GOVERNOR OF THE STATE BANK OF VIETNAM
Nguyen Van Giau